Health and Safety (Display Screen Equipment) Regulations 1992

In response to European Directives, specific UK statutory Regulations concerned with the prevention and control of WMSDs have been enacted, namely, the Health and Safety (Display Screen Equipment) Regulations 1992 and the Manual Handling operations Regulations 1992.  These supplement the general requirements of the MSHW regulations 1992 and the Health and Safety at Work etc, Act 1974

The main obligations set out under these regulations are:

1. Assess the risks arising from the use of display screen workstations and take steps to reduce any identified risk
2. Ensure that new workstations meet minimum ergonomic standards set out in a schedule to the regulations
3. Inform users about the results of the assessments
4. For each user, plan display screen work to provide regular breaks or changes in activity
5. Provide appropriate health and safety training and equipment for users
6. Provide eye test to employees

These obligations apply only where there are “users”, which are defined by the Health and Safety Executive as an employee who habitually uses display screen equipment as a significant part of his normal work.

Case law:

To date, the highest payment made to an RSI sufferer was £250,000.  There have since been a number of other large payouts including:

• Fifield - v - Denton Hall / Denton Wilde Sapte (£157,341.00) for "pain" caused by "DSE use" March 2006
• Smith - v - Pinhey & Co (£117,825.00) for “WRULD, Tenosynovitis, Myositis, Right Lateral & Medial Epicondylitis, Left Carpal Tunnel Syndrome” resulting from DSE use.
• Gould - v - Shell UK Ltd (£25,000) for “pain” caused by “Computer mouse use mainly on graphics work”
• Sharp - v - Yorkshire Bank plc (£35,749.96) for “Pains in neck arms and back Acceleration of onset of symptoms in neck and back by 5 years” resulting from DSE use.
• Andrea Osbourne - v - Guardian Newspaper (£37,500) to settle an RSI injury claim. Click here to read a summary of the story.
• ..and many others

As well as duties under Criminal Law, employers have duties under Common Law.  Under Common Law, employers have a duty to take reasonable care to safeguard employees from foreseeable risk.  This has been interpreted by the courts as a duty to provide safe arrangements of work, which covers; competent staff, adequate material, a proper system of work and effective supervision.  Most cases brought against employers under common law are for negligence.

You can be sued for negligence if the following statements are true:

1. The employee has an injury
2. The injury was caused by work
3. There was a known risk of injury
4. The employer knew of the risk
5. The employer could have reasonably done something to prevent the risk
6. The employer failed to do anything to prevent the risk.

easyDSE workstation assessment software can help you fulfil your legal obligations.